§ 154-263. Significant noncompliance.

Any industrial user whose actions or failure to act meet any or all of the following criteria may be placed in the category of significant noncompliance.

(1)

Violations of wastewater discharge limits:

a.

Chronic violations. A pattern of violations of specific pollutant limitations, as defined in this article, indicated by 66 percent or more of the measurements exceeding (by any magnitude) the same daily maximum limit or the same average limit for a given pollutant in a six-month period; or

b.

Technical review criteria (TRC). A pattern of violations of specific pollutant limitations, as defined by this article, indicated by 33 percent or more of the measurements exceeding the same daily maximum limit or the same average limit by more than the TRC in a six-month period. The TRC = 1.4 for conventional pollutants, and 1.2 for all other pollutants except pH; or

c.

Any other violation or violations of a pretreatment effluent limit (longer term average or daily maximum) that has caused, alone or in combination with other discharges, interference or pass-through; or endangered the health of city personnel or the public.

(2)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the POTW's exercise of it's emergency authority to halt or prevent such a discharge.

(3)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone, contained in an industrial wastewater discharge permit, a compliance directive, a consent agreement, or any other compliance schedule.

(4)

Failure to provide within 30 days of the due date, any reports such as, but not limited to, the following: self-monitoring reports, baseline monitoring reports, 90-day compliance reports, periodic reports, or any other reports required by the city.

(5)

Failure to report accurately noncompliance.

(6)

Any other violation or group of violations which the commissioner determines will adversely affect the operation or implementation of the pretreatment program.

(Ord. No. 1998-71, § 2, 10-13-98)